It will not have escaped most people’s attention that the United Kingdom (UK) left the European Union (EU) on 31 January 2020 after the withdrawal agreement agreed between Brussels and London (24 January 2020). This agreement provides for a transition period of 11 months ending 31 December 2020 and by which Brexit will be effective. Until this date, UK nationals still benefit from the legislation applicable to citizens of the EU as regards the entry and stay to/in EU-member States, social rights and the right to carry on a professional activity as set out in the EU directives.
Although the Brexit agreement broadly covers the rights of British citizens living in the EU (and EU citizens living in the UK), each country then has to enact its own domestic legislation laying out its rules and requirements in relation to the conditions of entry and stay of third-country nationals to its territory. Whilst the deadline is fast approaching, the French government recently published Decree no. 2020-1417 (19 November 2020) laying out rights and responsibilities of British citizens after the transition period, but only for those who are already resident in France by then.
Brexit will also have implications in Monaco. Although the laws of the Principality on immigration are reasonably straightforward, the procedure is different for applicants from outside of the European Economic Area who need a French visa prior to starting the residence card application process.
Below is a quick overview of the upcoming changes.
Brits living in France: you need a card but there is no rush!
The baseline is that from 1 January 2021 British citizens will be regarded as non-EU citizens, with the consequence that they will obviously be required to have a long-stay permit (carte de séjour) in order to stay, work, study or receive healthcare or benefits in France. If that is as far as it goes, they will basically be treated as nationals of any other third-party country (unless a treaty provides otherwise). It will also be true for a British person living in France who needs to apply for a residency permit as stated (reminded) by the decree. There is nothing new so far.
However, in the context of EU-UK withdrawal agreement, the decree also provides that for British citizens who will have already lived in France as at 1 January 2021, there will be no requirement to have permit until 1 October 2021. Any British person living in France after that date who does not have a card will be living here illegally, unless they can prove a good reason why they were not able to make their application in time. Such application for a card must have been made by 30 June 2021. It will be a specific permit bearing the words “withdrawal agreement between the UK and EU” (Accord de retrait du Royaume-Uni de l'UE).
In order to benefit from the Withdrawal Agreement, British citizens need to be legally resident in France before 31 December 2020. This regime does not cover people who move to France after this date. In a nutshell:
- Qualifying British citizens will be given a stay permit whose feature will depend on how long the applicant will have been in France (which will have to be proved). People who have already lived in France for more than 5 years may get a resident card for 10 years (“permanent”) that is renewable. In principle, a qualifying person will be entitled to remain in France indefinitely without obligation to prove her eligibility again.
- For those who have lived in France for less than 5 years, the treatment is less flexible. They will only be issued with a 5-year residency permit which can be renewed or exchanged for a permanent card after 5 years. More importantly, applicants need to prove that they fit into one of the categories: working, student, job-seeker or economically inactive (e.g. retirees). People who are not working will need to prove they have health cover (registration with the French health system or the national insurance of another country should be adequate for this) and have sufficient resources to live in France.
- Regarding family members (spouse/partners, children or dependent adult relatives), the decree also clarifies some information concerning people who are applying for residency as the family member of someone who qualifies.
Cross border workers
The Decree also addresses the particular situation of cross-border workers (travailleurs frontaliers). People who are working in France (as an employee or on a self-employed status) while living in another country can apply for a specific card which will allow them to work in France. As with the other categories covered by the decree, this applies to people who are already working in France and living elsewhere on or before 31 December 2020.
British citizens who are resident in France and are currently employed in Monaco will need to ensure that they take action to obtain the necessary French residence permit.
As is currently the case for other non-EU nationals, if a Monaco employer wishes to employ a British citizen (from next year) who will take up residency in France they will need to have a French residence permit which allows them to work in France. This is a condition for the Monaco employment office to deliver a work permit.
Brits willing to take up residency in Monaco: you need a card and may be in a rush!
It is important to remember that although the Principality of Monaco is located in the heart of Europe it is an independent country which is not an EU-member State. Foreign nationals who wish to relocate there must consequently apply for a Monaco residence card and currently as an EU national there is no automative right of abode, or right to work. In the case of an EU citizen or a non-EU citizen, the requirements to obtain the permit are the same, i.e. suitable accommodation in Monaco, sufficient financial resources and good character (no criminal record).
However the procedure differs according to the nationality of the applicant. Applicants who are nationals of a member state of the European Economic Area (EEA) or Switzerland can make their residence application directly to the Monaco authorities on arrival in Monaco, whereas applicants from outside of the EEA and Switzerland must first apply to the French authorities for a long stay visa (“visa D” class) and they can subsequently submit their application to the Monaco authorities once in possession of the visa. The application is usually made in the territory where the individual resides. The Monaco procedure usually takes between 2 and 3 months for the permit to be made available and it may take 3 to 6 months more for non-EEA or Swiss citizens to obtain the visa before being able to start the proceedure required locally in the Principality.
Brexit will make a difference. Until the end of 2020, British citizens may use the “fast track” and start the immigration process directly in Monaco. Needless to say candidates for immigration to Monaco must hurry to file their application within the next 4 weeks. As from 1 January 2021, they will have to first pass through the French consular route. Regarding the particular case of British citizens who are already living in France but who want to move to Monaco, they should not be able to rely on the "withdrawal agreement residence permit” they may given by the French decree referred to above and use it as a long stay visa. The reason is that it gives them a temporary permission to stay in France up to the end of September next year without holding a permit only if their intention is to continue living in France after Brexit. Advise should be taken on a case by case basis.
How can we help
The procedure to obtain a resident’s card in France or Monaco is reasonably straightforward but the requirements must be strictly followed to avoid delay or possible rejection of the application. We have the expertise and the experience to assist with the preparation of the application and to guide you successfully through the application and renewal process.
If required our team of experienced professionals at Rosemont can guide you every step of the way, from helping you to find an apartment in Monaco, opening an account with a local Monaco bank, to assisting you with all the formalities required including the original visa application. Once established in Monaco you might be interested in our Family Office concierge service.
If you have any questions on these matters, you can contact us: contact@rosemont-mc.com
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